Titus HAB Horizontal Air Handler Belt Drive - Manual (Page 11)

Terms and Conditions
Warranty
2 of 2
BUYER’S EXCLUSIVE REMEDY – The buyer’s acceptance
of the goods shall confirm the buyer’s review and
acceptance of Titus’ All Products Limited Warranty,
notwithstanding any other written or oral warranty of the
goods that may be given to the buyer. THE BUYER’S
EXCLUSIVE REMEDY AGAINST TITUS SHALL BE
LIMITED TO TITUS’ ALL PRODUCT LIMITED
WARRANTY. NO OTHER REMEDY, INCLUDING, BUT
NOT LIMITED TO, RECOVERY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR LOST PROFITS,
LOST SALES, INJURY TO PERSON OR PROPERTY, OR
ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS,
SHALL BE AVAILABLE TO THE BUYER.
FIELD MODIFICATIONS – Should the installing contractor
believe that the goods do not meet the requirements of the
original submittal or do not operate according to the
submittal, the buyer should immediately contact the selling
distributor or authorized Titus representative as outlined in
the All Products Limited Warranty section. Upon Titus’
acceptance of responsibility to make modifications to the
goods, Titus will, at its sole discretion, either direct the
contractor to make the modifications, send its own field
service technicians to make the modifications, or engage
another contractor to make the modifications. If Titus directs
the installing contractor to make the modifications, Titus will
issue a Field Repair Order (FRO) specifying the work to be
done and the price to be paid. DO NOT BEGIN ANY
MODIFICATIONS WITHOUT AN FRO NUMBER. Titus will
not be responsible for any costs incurred in modifying the
goods, unless it has approved the modifications in advance.
EXCUSE OF PERFORMANCE – Titus shall not be liable for
its failure to perform due to causes beyond its reasonable
control, including but not limited to strikes, fire, war, acts of
God, whether such events occur at or about Titus’ plant or
at the plant of its suppliers.
CREDIT AND TERMS OF PAYMENT – Unless otherwise
specified, terms of payment are net cash, thirty (30) days
after shipment. Interest at the legal rate applicable to
judgments will be charged on past due accounts
commencing after the last day of the first calendar month
following the date of invoice. Seller may suspend credit and
refuse shipment whenever seller in its sole discretion
believes buyer’s credit is unsatisfactory unless buyer then
makes arrangements for payment which are satisfactory to
seller.
MISCELLANEOUS – THESE TERMS AND CONDITIONS
FOR THE SALE OF THE GOODS SHALL BE
CONSTRUED ACCORDING TO THE LAWS OF THE
STATE OF TEXAS. ALL SUMS DUE TITUS FOR THE
SALE OF ITS GOODS ARE PAYABLE, AND ALL
MATTERS ARISING PURSUANT TO SUCH SALE ARE
PERFORMABLE, IN DALLAS COUNTY, TEXAS. The
terms and conditions state herein constitute the full
understanding between Titus and the buyer, and no terms,
conditions, understanding or agreement purporting to
modify or vary these terms shall be binding unless hereafter
made in writing and signed by Titus and the buyer.
Titus has a policy of continuous product improvement,
and reserves the right to change design and
specification without notice. Titus has no system
design or application responsibility to buyer or any
third party.